Policies and Procedures

Sex-based discrimination is a form of sex discrimination, including discrimination and harassment based on actual or perceived sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity or expression, marital or parental status. Sex-based harassment also includes sexual harassment (quid pro quo harassment and hostile environment harassment) and may include other forms of harassment based on sex as further described below.

Sex-based harassment is a form of sex discrimination, including harassment based on actual or perceived sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity or expression, marital or parental status. Sex-based harassment also includes sexual harassment (quid pro quo harassment and hostile environment harassment) and may include other forms of harassment based on sex, sexual assault, dating violence, domestic violence, stalking, sexual exploitation, media-based misconduct, inducing incapacitation, and aiding and abetting as further described below). Sexual gratification is not an element required by the definition of sex-based harassment.

Sexual harassment is a form of sex-based harassment, as well as a specific form of Prohibited Conduct. Sexual harassment can also occur in the context of other forms of Prohibited Conduct. For example, pervasive stalking may satisfy the definition of stalking and, if the hostile environment conditions are also satisfied, sexual harassment. Sexual Harassment can take several forms, including:

Quid Pro Quo Harassment
Any action taken by an employee, agent, or person authorized to provide an aid, benefit or service under the College’s program or activity in which submission to or rejection of unwelcome conduct of a sexual nature is made either explicitly or implicitly a term or condition of an individual receiving an aid, benefit or service under the College’s education program or activity. This can include grades, recommendations, extracurricular programs or activities, or employment opportunities.

Hostile Environment Harassment
This is unwelcome sex-based conduct that, in the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity (i.e., creates a hostile environment). Examples of hostile environment harassment are at this link. Determination of whether a hostile environment has been created is fact- specific and will involve considering the following:
 

• The degree to which the conduct affected an individual’s ability to access the College’s education program or activity.
• The type, frequency, and duration of the conduct.
• The Parties’ ages, roles within the College’s education program or activity, previous interactions, and other factors about each party that may be relevant to evaluating the effects of the conduct; and
• The location of the conduct and the context in which the conduct occurred.
   

Sexual Assault is any actual or attempted physical sexual act directed against another person, without affirmative consent or when an individual is incapable of giving consent. Physical sexual acts include, but are not limited to, vaginal or anal penetration, however slight, with a body part or object, or oral copulation by mouth-to-genital contact. May also include having or attempting to have sexual contact with another individual without consent such as kissing, touching, or making other inappropriate contact with the breasts, genitals, buttocks, mouth, or any other part of the body that is touched in a sexual manner and without permission. This includes rape, sexual battery, fondling, and assault with the specific intention to commit such an act. Sexual assault may involve individuals who are known to one another or have an intimate and/or sexual relationship (relationship violence) or may involve individuals not known to one another. A more detailed definition of these behaviors, as prohibited by state or federal law is included in the Title IX FAQ document.

Relationship Violence may include Domestic Violence or Dating Violence. Relationship violence is any intentionally violent or controlling behavior of one individual by a person who is currently or was previously in a relationship with that individual. Relationship violence may include actual or threatened physical injury, sexual violence, psychological or emotional abuse, and/or progressive social isolation. If the relationship violence is not based on any of those factors, or otherwise falls outside the requirements of this Policy, the College reserves the right to address it through the EO Policy. The nature of the relationship will be determined based on a consideration of the length of the relationship, the activities that occurred during the relationship, and the frequency of the interaction between the parties involved in the relationship. This is not an exhaustive list of considerations to determine the nature of a relationship.

Stalking is a course of conduct (i.e., more than one instance) involving unwanted attention, harassment, physical or verbal contact directed at an individual that would cause a reasonable person to fear for the person’s safety, or the safety of others, or suffer substantial emotional distress. Stalking can occur in person or using technology (cyber-stalking), and the duration, frequency, and intensity of the conduct will be considered. Stalking tactics can include, but are not limited to watching, following, using tracking devices, monitoring online activity, unwanted contact, property invasion or damage, hacking accounts, threats, violence, sabotage, and attacks. Cyber-stalking is a particular form of stalking in which electronic media such as the internet, social networks, blogs, texts or other similar forms of contact are used to pursue, harass, or make unwelcome contact with another person. Stalking and cyber-stalking may involve individuals who are known to one another or have an intimate or sexual relationship or may involve individuals not known to one another. To the extent that the stalking behavior is based on sex (including discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, gender identity or expression, marital or parental status) and/or a prior sexual or amorous relationship between the parties, it may be addressed under this Policy. The College also reserves the right to address it through any other applicable policy.

Any act committed through non-consensual abuse or exploitation of another person’s body or sexuality for the purpose of sexual gratification, personal benefit or advantage, or any other illegitimate purpose. Sexual exploitation may involve individuals who are known to one another, have an intimate or sexual relationship, or may involve individuals not known to one another. Examples include, but are not limited to, observing or recording another individual’s nudity or sexual activity or allowing another to observe or record consensual sexual activity without the knowledge and consent of all parties involved, manipulating contraception or prophylaxis without the other party’s knowledge, or procuring/stealing an individual’s undergarments or similar personal items without consent. In certain circumstances, provided the parties are properly notified, the College also reserves the right to adjudicate Sexual Exploitation under the EO Policy if the College, in its sole discretion, is satisfied that the behavior does not rise to the level of constituting sex-based discrimination or sex-based harassment as defined in this Policy.

This includes the provision of alcohol or drugs to an individual, with or without that individual’s knowledge, for the purpose of causing impairment or intoxication to allow another person to take advantage of that individual’s impairment or intoxication. The College also reserves the right to adjudicate Inducing Incapacitation under the EO Policy if the College, in its sole discretion, is satisfied that the behavior does not rise to the level of constituting sex-based discrimination or sex-based harassment as defined in this Policy.

Photographing or recording someone (via audio, video or otherwise) involved in sexual activity, or in a state of undress, without their knowledge or consent. Even if a person consented to sexual activity, photographing or recording someone without their knowledge and agreement goes beyond the boundaries of that consent. Dissemination of photographs or video/audio of someone involved in sexual activity, or in a state of undress, without their knowledge or consent constitutes a separate and additional act of misconduct. This may differ from Sexual Exploitation based on individual facts and circumstances, including the relationship and activities of the parties. For example, recording and then uploading content of otherwise consensual activity would be prohibited if the individual did not have affirmative consent to share the content. Similarly, consent can be revoked at any time, an individual may revoke consent to share the video with the warning that the College may not be able to stop the spread of such content if it is outside of the College’s jurisdiction. The College also reserves the right to adjudicate Media-Based Misconduct under the EO Policy if the College, in its sole discretion, is satisfied that the behavior does not rise to the level of constituting sex-based discrimination or sex-based harassment as defined in this Policy.

The aiding or assisting in the commission of an act(s) of sexual violence or sex discrimination is prohibited. The College also reserves the right to adjudicate Aiding and Assisting under the EO Policy if the College, in its sole discretion, is satisfied that the behavior does not rise to the level of constituting sex-based discrimination or sex-based harassment as defined in this Policy.

Retaliation includes acts or attempts to retaliate or seek retribution against a party, a witness, or any individual or group of individuals involved in the making of a complaint or participating in the process set forth in this Policy. This includes, but is not limited to, subjecting a person to an adverse action because they made a complaint under any portion of this Policy, made a report, or responded to, assisted or participated in any manner in an investigation under this Policy. Retaliation may include continued abuse or violence and other forms of harassment. For example, words or actions that are only a minor annoyance or lack of good manners do not constitute retaliation. Retaliation allegations may be consolidated with other forms of prohibited conduct defined in this section if the facts and circumstances significantly overlap. The College retains discretion to adjudicate the allegation separately or under the EO Policy, another College policy or procedure.

Any other violation of the prohibitions set forth in this Policy, including, but not limited to, violation of the prohibition on employee relationships with students, violation of the prohibition of supervisory employee relationships with others, violation of the duty of honesty or cooperation, a failure to make a mandated report by a Responsible Employee or other violation of this Policy, as determined by the Title IX Coordinator. The College retains discretion to adjudicate the allegation separately or under the EO Policy, another College policy or procedure.

Sexual interactions must be consensual. Consent is the affirmative and willing agreement to engage in a specific form of sexual contact with another person who is capable of giving consent. Consent requires an outward demonstration, through mutually understandable words or actions, indicating an individual has chosen freely to engage in a sexual contact. Silence, passivity, or the absence of resistance does not imply consent. Relying solely on non-verbal communication may result in confusion about whether there is effective consent. It is important not to make assumptions. If confusion or ambiguity arises during a sexual interaction, it is essential that each participant stops and verbally clarifies the other’s willingness to continue.

Consent can be withdrawn at any time. When consent is withdrawn, sexual activity must cease. Prior consent does not imply current or future consent; even in the context of an ongoing relationship, consent must be sought and freely given for each instance of sexual contact. An essential element of consent is that it be freely given. Consent cannot be obtained through coercion or by taking advantage of the incapacitation of another individual.

The application of unreasonable pressure to take part in sexual activity or in any of the prohibited conduct listed in this Policy. Unreasonable pressure can be exerted through physical or emotional force, intimidation, misuse of authority, tricks, deception, or outright threats. When someone makes clear they do not want to engage in sexual activity or does not want to go beyond a certain point of sexual interaction, continued unreasonable pressure beyond that point may be considered coercive.

A person is incapacitated when they are so impaired as to be incapable of requesting or inviting the conduct (and therefore conduct of a sexual nature is deemed unwelcome) provided that the Respondent knew or reasonably should have known of the person’s impairment or incapacitation. The person may be impaired or incapacitated as a result of drugs or alcohol or for some other reason, such as sleep or unconsciousness. Some potential indicators of incapacitation are vomiting, slurred speech, disorientation, unsteady gait, loss of memory, extreme departure from typical behavior, significant decline in motor coordination, unfocused vision, lack of participation in the sexual activity, and intermittently appearing to fall asleep.

A Complainant is a student or employee who alleges they experienced conduct that could violate a form of Prohibited Conduct under this Policy, or an individual who was participating in, or attempting to participate in, the College programs or activities who alleges they experienced conduct that could violate a form of Prohibited Conduct under this Policy.

A Respondent is the person(s) alleged to have taken part in conduct that could violate a form of Prohibited Conduct under this Policy, or any other form of conduct consolidated into the process set forth in this Policy.

With the exception of confidential resources (i.e., the Primary Confidential Resource Provider and those employees who serve in professional roles in which communications are provided confidential status under the law (e.g., licensed mental health care providers, licensed medical providers, pastoral counselors and clergy), all full-time and part-time faculty and other employees and, with respect to student employees, Residence Assistants and dining captains, are considered Responsible Employees.

This means that when they learn of an allegation of unlawful discrimination, discriminatory harassment, or sexual harassment (including, but not limited to, sexual misconduct, sexual violence, sexual exploitation, dating and domestic violence, and stalking), or retaliation toward any member of the College community, they are required to notify the Title IX Coordinator/Director of Equal Opportunity promptly in writing or by telephone.

Any questions about the reporting or confidentiality status of an individual should be directed to the Title IX Coordinator/Director of Equal Opportunity. Any Responsible Employee who fails to make a report to the Title IX Coordinator/Director of Equal Opportunity upon learning of an allegation of prohibited conduct under the Sexual Misconduct Policy, the Equal Opportunity and Discriminatory Harassment Policy or the Policy on Protection of Children may be subject to disciplinary action under the Equal Opportunity and Discriminatory Harassment Policy.

For requirements regarding mandated reporting of child abuse and neglect, please see the Policy on Protection of Children.

An intentional or unintentional act that adversely affects employment and/or educational opportunities because of a person’s race, religion, color, national origin, age, veteran status, disability, genetic information, or any other legally protected status.

*Important Note: Discrimination and harassment based upon sex (including on the basis of sex stereotypes, sex characteristics, sexual orientation, gender identity or expression, marital or parental status, pregnancy or related conditions) is addressed pursuant to the Sex-Based Discrimination and Harassment Policy but may be addressed pursuant to this Policy if not required to be addressed under the Sex-Based Discrimination and Harassment Policy as determined in the sole discretion of the AVP of Title IX/EO.

Discrimination may be classified as either disparate impact (facially neutral practices that fall more harshly on one group than another and cannot be justified by business necessity) or disparate treatment (treatment of an individual that is less favorable than treatment of others based upon discriminatory reasons unless based upon legitimate lawful exceptions (such as bona fide occupational qualifications or the ability to maintain separate sports teams)). In addition, discrimination is also prohibited against individuals who associate with members of a protected class and thereby experience discriminatory treatment based on that association, even if they are not members of a protected class themselves.

Examples:

• Refusing to hire or promote a person because of the person’s age (any age over 40);
• Treating persons differently from others because of assumptions about, or stereotypes regarding, the aptitude, intellectual ability or interest of a group based upon race, religion, color, national origin, age, veteran status, disability, or genetic information;
• Unlawful disparity in the terms, conditions and privileges of employment based upon race, religion, color, national origin, age, veteran status, disability, or genetic information;
• Difference in treatment in educational programs based upon race, religion, color, national origin, age, veteran status, disability, or genetic information; and
• Terminating an employee’s employment on the basis of the employee’s relationship or association with an individual with a disability or of a particular race.
   

Unwelcome conduct that is based on or motivated by an individual’s actual or perceived race, religion, color, national origin, age, veteran status, disability, genetic information, or any other legally protected status that is severe or pervasive and creates an intimidating, hostile or offensive living, working or educational environment, or has the purpose or effect of unreasonably interfering with an individual’s employment, academic performance, education, or participation in extracurricular programs or activities.

Discriminatory harassment may take many forms, including physical, verbal, and nonverbal acts and written statements in any manner or media. Discriminatory harassment does not have to include intent to harm or be directed at a specific target. Isolated comments, unless extremely serious, will generally not rise to the level of discriminatory harassment under this Policy. Determinations are made based upon the totality of the circumstances involved including, but not limited to, the relationship of the Parties and the frequency of the conduct. Reasonable directives by supervisors, educators, or otherwise authorized College personnel regarding the methods employed to carry out employment or educational assignments are not considered harassing under this Policy.

Examples of conduct contributing to discriminatory harassment include:

• Unwelcome conduct or material that denigrates or shows hostility or aversion to an individual because of their race, religion, color, national origin, age, veteran status, sex, disability, genetic information;
• Epithets, slurs, negative stereotyping that relate to race, religion, color, national origin, age, veteran status, disability, genetic information;
• Threatening, intimidating, or hostile acts that relate to race, religion, color, national origin, age veteran status, disability, genetic information

Intentionally engaging in conduct to:

• Adversely affect a person’s educational, living, or work environment because of their good faith participation in the reporting, investigation, and/or resolution of a report of a violation of this Policy. “Adversely affect” for this purpose means any action that is reasonably likely to deter a person from such participation and does not include petty slights or trivial annoyances.
• Discourage a reasonable person from making a report or participating (in any capacity) in an investigation under this Policy, the Sex-Based Discrimination and Harassment Policy or any other College policy, or any other local, state, or federal complaint process, e.g., filing a complaint with an entity like the U.S. Department of Education.
   

Retaliation includes, but is not limited to, acts or words that constitute intimidation, threats, or coercion intended to pressure any individual to participate, not participate, or provide false or misleading information during any proceeding under this Policy. Retaliation may include abuse or violence, other forms of harassment, and/or making false statements about another person in any manner or media with intent to harm their reputation.

Retaliation can be committed by any individual or group of individuals, not just by a Respondent or a Complainant. Retaliation may constitute a violation of this Policy even when the underlying report made did not result in a finding of responsibility. Retaliation, even in the absence of provable discrimination or discriminatory harassment, constitutes a serious violation of this Policy.
Retaliation may also be reviewed under the Sex-Based Discrimination and Harassment Policy as it is defined in that policy.

Relationship Violence may include Domestic Violence or Dating Violence. Relationship violence is any intentionally violent or controlling behavior of one individual by a person who is currently or was previously in a relationship with that individual. Relationship violence may include actual or threatened physical injury, sexual violence, psychological or emotional abuse, and/or progressive social isolation. If the relationship violence is not based on any of those factors, or otherwise falls outside the requirements of the Sex-Based Discrimination and Harassment Policy, the College reserves the right to address it through this Policy. The nature of the relationship will be determined based on a consideration of the length of the relationship, the activities that occurred during the relationship, and the frequency of the interaction between the parties involved in the relationship. This is not an exhaustive list of considerations to determine the nature of a relationship.

Stalking is a course of conduct (i.e., more than one instance) involving unwanted attention, harassment, physical or verbal contact directed at an individual that would cause a reasonable person to fear for the person’s safety, or the safety of others, or suffer substantial emotional distress. Stalking can occur in person or using technology (cyber-stalking), and the duration, frequency, and intensity of the conduct will be considered. Stalking tactics can include, but are not limited to watching, following, using tracking devices, monitoring online activity, unwanted contact, property invasion or damage, hacking accounts, threats, violence, sabotage, and attacks. Cyber-stalking is a particular form of stalking in which electronic media such as the internet, social networks, blogs, texts or other similar forms of contact are used to pursue, harass, or make unwelcome contact with another person. Stalking and cyber-stalking may involve individuals who are known to one another or have an intimate or sexual relationship or may involve individuals not known to one another. To the extent that the stalking behavior is not based on sex (including discrimination based on sex stereotypes, sex characteristics, pregnancy or related conditions sexual orientation, gender identity or expression, marital or parental status) and/or a prior sexual or amorous relationship between the parties, it may be addressed under this Policy. The College also reserves the right to address it through any other applicable policy.

Any act committed through non-consensual abuse or exploitation of another person’s body or sexuality for the purpose of sexual gratification, personal benefit or advantage, or any other illegitimate purpose. Sexual exploitation may involve individuals who are known to one another, have an intimate or sexual relationship, or may involve individuals not known to one another. Examples include, but are not limited to, observing or recording another individual’s nudity or sexual activity or allowing another to observe or record consensual sexual activity without the knowledge and consent of all parties involved, manipulating contraception or prophylaxis without the other party’s knowledge, or procuring/stealing an individual’s undergarments or similar personal items without consent. In certain circumstances, provided the parties are properly notified, the College also reserves the right to adjudicate Sexual Exploitation under this Policy if the College, in its sole discretion, is satisfied that the behavior does not rise to the level of constituting sex-based discrimination or sex-based harassment as defined in the Sex-Based Discrimination and Harassment Policy.

This includes the provision of alcohol or drugs to an individual, with or without that individual’s knowledge, for the purpose of causing impairment or intoxication to allow another person to take advantage of that individual’s impairment or intoxication. The College also reserves the right to adjudicate Inducing Incapacitation under this Policy if the College, in its sole discretion, is satisfied that the behavior does not rise to the level of constituting sex-based discrimination or sex-based harassment as defined in the Sex-Based Discrimination and Harassment Policy.

Photographing or recording someone (via audio, video or otherwise) involved in sexual activity, or in a state of undress, without their knowledge or consent. Even if a person consented to sexual activity, photographing or recording someone without their knowledge and agreement goes beyond the boundaries of that consent. Dissemination of photographs or video/audio of someone involved in sexual activity, or in a state of undress, without their knowledge or consent constitutes a separate and additional act of misconduct. This may differ from Sexual Exploitation based on individual facts and circumstances, including the relationship and activities of the parties. For example, recording and then uploading content of otherwise consensual activity would be prohibited if the individual did not have affirmative consent to share the content. Similarly, consent can be revoked at any time, an individual may revoke consent to share the video with the warning that the College may not be able to stop the spread of such content if it is outside of the College’s jurisdiction. The College also reserves the right to adjudicate Media-Based Misconduct under this Policy if the College, in its sole discretion, is satisfied that the behavior does not rise to the level of constituting sex-based discrimination or sex-based harassment as defined in the Sex-Based Discrimination and Harassment Policy.

The aiding or assisting in the commission of an act(s) of discrimination, harassment or retaliation is prohibited. The College also reserves the right to adjudicate Aiding or Assisting under this Policy if the College, in its sole discretion, is satisfied that the behavior does not rise to the level of constituting sex-based discrimination or sex-based harassment as defined in the Sex-Based Discrimination and Harassment Policy.

Possession of pornography that is unlawful under applicable law is prohibited. This includes, but is not limited to, child pornography.

Unwelcome conduct of a sexual nature that does not rise to the level of severe or pervasive but is unreasonable in a living, working or educational environment.

No faculty member or other employee (whether permanent, temporary, full- or part-time), vendor, contractor or volunteer may engage in any type of romantic or amorous relationship or sexual activity of any type, even if consensual, with a student at any time. Student-employees are not considered “employees” for the purpose of this paragraph. The College may make exceptions to this prohibition on a case-by-case basis and only with the express prior written approval of the Vice President of Human Resources and the Title IX Coordinator.

Romantic or amorous relationships that might be appropriate in other circumstances have inherent dangers when they occur between supervisors and individuals whom they supervise. Such relationships are fundamentally asymmetric and unprofessional, and they raise serious concerns about validity of consent, conflict of interest, and fair treatment in the workplace. Such relationships are to be avoided because they may create an impression of inappropriate or inequitable professional advantage or favoritism that is destructive to the working or learning environment and may raise doubts about the integrity of work performed. In addition to the prohibition of employee-student relationships, College administrators, faculty, and staff should be aware that any sexual, dating or romantic involvement with any individual, including faculty, staff, or person engaged as volunteer, intern, or independent contractor, over whom they have direct supervisory responsibility, even if consensual, is prohibited by the College through this Policy. Even when both parties have initially consented to such a relationship, it is the administrator, faculty member, or staff member who, by virtue of their special supervisory responsibility, will be held accountable for the unprofessional relationship or abuse of authority. The AVP of Title IX/EO, together with either the Provost/Dean of the College with respect to faculty members, or the Vice President of Human Resources with respect to other employees, will make exceptions to this prohibition in appropriate circumstances (e.g., a dual career couple recruited to work in the same scholarly area), with implementation of any necessary measures to avoid conflicts of interest or the appearance of conflicts of interest.

Any other violation of the prohibitions set forth in this Policy or the Sex-Based Discrimination and Harassment Policy (excluding any alleged violation required to be addressed under the Sex-Based Discrimination and Harassment as determined by the AVP of Title IX/EO). This includes, but is not limited to, violation of the prohibition on employee relationships with students, violation of the prohibition of supervisory employee relationships with others, violation of the duty of honesty or cooperation, a failure to make a mandated report by a Responsible Employee, recording the proceedings, or other violation of this Policy or the Sex-Based Discrimination and Harassment Policy, as determined by the AVP of Title IX/EO. The College retains discretion to adjudicate the allegation separately or under this Policy, another College policy or procedure.

The definitions of the following terms are the same as the definitions set forth in the Sex-Based Discrimination and Harassment Policy.
• Sex-Based Discrimination
• Sex-Based Harassment
• Sexual Harassment, Quid Pro Quo Harassment, Hostile Environment Harassment
• Sexual Assault
• Consent, Coercion, Incapacitation

The inappropriate behaviors listed above are not an exhaustive list. The College may consider any other conduct that has a legally-protected class connotation under this Policy.